Maryland Prenuptial Agreement Attorney
A prenuptial agreement is a contract that provides for what happens when the marriage comes to an end. It is an agreement that is executed before the parties enter into their marriage contract. If you are entering a prenuptial agreement, and need legal assistance to ensure that your interests are protected, our Maryland prenuptial agreement lawyer at Shah & Kishore can help you.
Call (301) 315-0001 for a free consultation and speak with our experienced Maryland family law attorney at Shah & Kishore.
What Issues Can be Covered in a Prenuptial Agreement?
In a prenuptial agreement, a husband and wife can agree to terms relating to the following issues:
- Property Rights; and
- Personal Rights.
A prenuptial agreement cannot have any terms that prevents either of the parties from seeking either an absolute or limited divorce.
If there are any issues with a prenuptial agreement, the court takes particular interest in terms that concern the care, custody, education, or support of the minor children of the parties. Whereas they will generally respect the terms of a prenuptial agreement, the courts will modify a prenuptial agreement if the terms relating to any minor child are not in the best interests of the child.
Will a Court in Maryland Uphold a Prenuptial Agreement?
As long as the parties to a contract voluntarily entered into the contract, the courts will uphold the terms of the contract as long as they are not illegal. Some of the factors that a court will look at to determine whether a prenuptial agreement was voluntarily signed include:
- The ages of the parties;
- The educational background of the parties;
- Any business experience;
- The family ties and connections of the parties; and
- The property each party owns.
In addition to these, the courts will look at other facts and circumstances surrounding the signing of the prenuptial agreement, including:
- Who drafted the agreement;
- The provisions for the dependent spouse; and
- Whether each party had independent legal counsel before signing the agreement.
Unless the court finds that a prenuptial agreement was signed under duress, undue influence, or fraud, the terms of the agreement will be upheld.
When Do I Need a Prenuptial Agreement Lawyer?
A prenuptial agreement lawyer can be of assistance before and after you sign a prenuptial agreement. Before you sign a prenuptial agreement, an experienced family law attorney can advise you on the terms of the agreement.
Negotiating a prenuptial agreement can be difficult for the parties involved, but a trained mediator can help the parties reach an agreement that is fair to all parties. After entering an agreement, they can advise you on the possibility of challenging the validity of the agreement.
If you need help writing a prenuptial agreement that is legally valid and enforceable in Maryland, the experienced prenuptial agreement lawyer at Shah & Kishore can help you. Our family law firm always tries to reach an amicable resolution, when possible, and attorney Rahul Kishore is trained as a mediator.
To schedule a free consultation with one of our experienced Maryland family law attorney, contact us online or call (301) 315-0001.